SPROUSE, Circuit Judge:
The South Carolina Department of Corrections (the state) appeals from the district court's grant of a writ of habeas corpus to petitioner, Floyd M. Doby, Jr., a South Carolina prisoner. In an earlier habeas proceeding brought by Doby (Doby I), we ruled that the writ should issue unless South Carolina retried him. We concluded that Doby's Fourteenth Amendment right to due process was violated during his murder trial when the judge relied...
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